Mark W. Lerner, Co-Chair of the firm’s Employment Practices and Litigation group, is a leading employment litigator who regularly litigates and counsels clients on non-competition agreements, employee raiding and lift-outs, discrimination and harassment claims, theft of company information, executive compensation disputes, terminations and lay-offs, and wage and hour actions. A former federal prosecutor, Mark frequently tries cases. His trial prowess and the threat it implies enable him often to resolve cases early for his clients. Mark also conducts major and comprehensive internal investigations of employment issues, including sexual harassment, and negotiates disputes with the Department of Justice, U.S. Attorneys, District Attorneys, the FBI, FINRA and the Department of Labor.
Mark has been recognized by Chambers USA, The Legal 500 and Benchmark Litigation as a top Labor and Employment Law practitioner. The National Law Journal named him an Employment Law Trailblazer and Lawdragon lists Mark as one of the Most Powerful Employment Lawyers in the U.S. In 2019, under Mark’s leadership, the Employment Practices and Litigation group was named Litigation Department of the Year for Labor and Employment by the New York Law Journal.
Work Highlights:
Non-Competition Agreements and Restrictive Covenants
- Douglas Elliman Realty in a suit against one of Elliman’s former managers and a
competitor firm involving a wrongful scheme to move a dozen agents to the
competitor firm. We won a $3.8 million jury verdict on behalf of Elliman, including
$2.5 million in punitive damages.
- Celebrity real estate broker Ryan Serhant – of Bravo’s Million Dollar Listing TV
show - in his separation from Nest Seekers, his prior employer, and in founding his
new independent brokerage and media company, “SERHANT.”
Discrimination and Sexual Harassment
- CenturyLink in defense of an employee’s allegations of sexual harassment and gender
discrimination.
- Douglas Elliman Realty in defense of an EEOC case filed by a real estate agent
asserting sexual harassment claims.
Private Equity Compensation and Other Disputes
- Saw Mill Capital in defense of claims for carried interest and other compensation
by a former partner, resulting in a complete victory for Saw Mill Capital after a trial.
- John Brice, former Chief Investment Officer and board member of private equity
fund CarVal Investors, in a case against CarVal after it terminated Mr. Brice’s employment
and threatened to withhold $230 million in compensation. After winning a preliminary
injunction, the matter settled favorably.
Other Employment Issues
- Three former executives of a $1 billion public international company in securing
an $11.2 million arbitration award against the company. The executives claimed that
they were entitled to additional payments associated with their departure.
- Douglas Elliman Realty in arbitrations involving commission disputes brought before
the Real Estate Board of New York on behalf of sales agents affiliated with Douglas Elliman.
Updated Aug 2023
